Won’t Miss a Beat, Noise Ordinance Notwithstanding, Entertainers Say

Despite new court orders clamping down on high-volume music, the show will go on at the Pacific Amphitheatre as usual, performance managers and soundmen said Thursday.

This week, Orange County Superior Court Judge Gary L. Taylor ordered the owners of the outdoor concert facility in Costa Mesa to tell all performers that they could be held liable if their shows exceed prescribed noise limits.

If the performers do not take heed, they could be found in contempt of court, said Richard Spix, attorney for the group of Costa Mesa residents that filed a lawsuit against the theater four years ago.

On June 25, Taylor issued an order under which theater officials were to keep noise levels under an average of 80 decibels over any 10-minute period. Tuesday, Taylor issued new orders, limiting noise levels to 95 decibels at any time or an average of 83 decibels over any 10-minute period and telling amphitheater officials to inform performers of those limits.

‘Good Direction’

“It’s getting there, by way of enforcement,” said Karen Millar, a member of the group that filed the lawsuit, Concerned Citizens of Costa Mesa. “It’s a good direction to go.”

But managers and soundmen for some of this summer’s acts said sound restrictions at outdoor theaters are nothing new, so they did not expect any problems.

“We’ve faced this before, and we’ve never had to adjust,” said Burt Zell, manager for Chaka Khan, who will perform at the theater Saturday night. “There’s nothing in our contract in regard to decibel levels, so we’re just going to go out there and do our show.”

That sentiment was echoed by managers and road crews for Al Jarreau, Kool and the Gang, the Beach Boys and Neil Young.

But Spix said they should beware. Taylor’s new court order provides for enforcement and monitoring measures that Spix had not even considered, he said.

He said he had hoped that theater owner Ned West Inc. would voluntarily tell performers of their liability. If that didn’t work, Spix said, he was prepared to try to have a county marshal stationed at the stage every performance to “serve notice to everyone with a guitar.”

Judge’s Directions

The judge suggested in Tuesday’s orders that an official appointed by the county’s Health Care Agency be used to monitor decibel levels along an earthen berm that surrounds a portion of the arena, or that a computerized noise-reduction system be installed that would automatically muffle excessive noise, court documents said.

Spix said those measures could be implemented by July 30, when the case goes before the judge again.

Taylor ordered a full trial to begin “as soon as possible” to establish full noise-governing measures, Spix said.

A county-appointed monitor is already employed at the Hollywood Bowl in Los Angeles County, said Hollywood Bowl spokeswoman Jackie Johnson, who noted that county and city laws have severely restricted noise levels at that venue.

Neighborhood complaints forced the Universal Amphitheater in Burbank to build a roof in 1982, said spokesman Larry Vallon, who added that the rebuilding actually added seats and helped the theater.

But new restrictions on the Pacific Amphitheatre will put it in deep water, he predicted.

‘Bands Need Volume’

“Rock bands require volume just to make the bass drum have that big, round feel and to give the snare that twang,” Vallon said.

“The fact of the matter is, they’re going to have to play (hard rock bands like) the Bon Jovis, the Scorpions, the Motley Crues to make a profit, because there’s a viable alternative close by (Irvine Meadows Amphitheater) to feed the voracious Orange County appetite for concerts.”

Ned West’s attorney, Deborah M. Nesset, had argued before the judge that restrictions and liability could scare away performers and hurt the arena. Ned West executives referred all comments to their attorneys, Nesset and Neil Papiano, but neither could be reached for comment.

Johnson admitted that the main reason noise restrictions have not hurt the Hollywood Bowl is that it is the summer home of the Los Angeles Philharmonic Orchestra, which performs there nearly every night.